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HomeMy WebLinkAbout1964-05-19; City Council; MinutesI I 1 a \,\.\X' .t \ '\ '\ \\ 1 i CITY OF CA&LSBP,D ! t Miautes sf! CITY COTJNCIL (Regda~ meeting) i '\, ', \, -\, *\ 'a, '. ! Place of Meeting: May 19, 19S4 I Name '- '@ i Time of Meeting: 1:GO P. M. ; of ..\$'' ; Place of Meeting: Council Chambers + : Member y ("""""""""""""""""""""""""""""""""--- "":""""".".-." i ROLL CALL was answered by Couucilmm ntkinson, ! Guevara, Neisweilder and Jardlne. CoLLnCiba.?.l Hughes : i was present at E06 P. M. Also present were City filanag4r i Mamaux, City Attorney Wilson and City Clerk Adams. : t 1 '. b >8 0 I 1 1 $ I I i INVOCATION was offered by Father 03Dwyer of St. Patricks : Church. a I f I I l I I 1 1 I ALLEGIA-NCE to the Flag was given. a a I I : APPRGVAL OF MINUTES: 1 I I I i ! (a) Minutes of the Special meeting of April 30, 1964, I Atkinson 't 8 were approved as presented, : Guevara : Neisw end E I I I : Jardine ! t 1 I J (b) Minutes of the regular meeting of May 5, 1964, were i Atkinson : approved as presented. ; Guevara I I I Neisweendt: I I I * : Cmn. Hughes was present at 7: 06 P. M. i CORRESPONDENCE: 1 * i Jardine I 1 I I a I a I t I ! I I 1 (a) Mrs. Jean Kamptner - re: Letter of resignation fro4 ! Library Board of Trustees. Letter from.Mrs. Jean i Kamptner was presented, submitting her resignation fro4 1 the Library Board of Trustees due to personal reasons, I 1 I 1 * * I t The Mayor accepted Mrs. Kamptner's resignation with : ; regret on behalf of the City Council, and requested that f : a letter of appreciation and thanks be sent to Mrs. Kampt-j ; ner. i (b) City Employees Association - re: fEequest for joint i : meeting with Council and City Employees Committee to : I discuss salaries. Letter from the President of the City ! : Employees Association was presented wherein they re- i i quested a joint meeting of a committee from the Council ; i and a committee from the Employees Association for the i ; purpose of discussing salaries. 1 Mayor Neiswender requested this matter deferred until ! i the next regular meeting of the City Council. I 1 1 I 6 I 8 s I I I 8 * I i * L ! .. I i OML COMMUNICATIGNS: * I I 4 ! There were no oral communications. I I I I I 1 ! t : PUBLIC HEARINGS I I t 8 ? 0 i (a) Appeal of the decision of the Planning Commission in : : granting a request for a variance in reduction of a requir4 i ed side yard setback from 10' to 5'. Appellant: Louis V.: : Dycke. I The City Clerk certified as to proper notice having been : i given. i A letter from Louis V. Dyke dated May 12, 1964, was i ; presented, withdrawing his protest and appeal on the i i request by Helton Construction Company of property ; : located on the southeasterly corner of Chestnut Avenue i i and Harding Street. 6 * t I I t J I I I s : 1 ! t 1 (b) Ordinance No, 3066, relating to stray animals, dogs i -! i andxennels, and vaccination of dogs. *-- I ! e*- - mII-- A u,.----- ;m~fimmnA iho f"nnnc.il the San Dieeo : 4 * I I I 1 I I I 1 ., .', .,' , '.\ \ ' ' I , '" I \, '\ ' '\ - ,l; -. '\ ' ' I n I I ', '\,'*\, ', I f i Name ',,,p I : of i \g ;""""""""""""""""-"""""""-""""-"-""""-"""-;""""~""". i Member 1' 0 1 County Health Department has requested the City to adopt! ; their new sections of ordinances in order that the City's i : ordinances will conform with their ordinances. 4 I : The City Clerk presented the Affidavit of Publication of i i the Notice of a Public Hearing to consider the adoption of i ; a proposed ordinance, relating to stray animals, dogs : I t 1 I ! and kennels, and vaccination of dogs. ! ? * i The Mayor declared the public hearing open and announced i the Council would hear from all persons desiring to speak: ; in favor of the proposed ordinance. f ! There were no persons present desiring to speak. : The Mayor then announced the Council would hear from i i all persons desiring to speak in opposition to the proposeq : ordinance. * I : As there were no persons present desiring to speak in i i opposition, the Mayor declared the public hearing closed I : at 7: 40 P. M. I l ! The following ordinance was presented for a first reading:! l I e I 8 I I I I I I I I b 4 a * I i qrdinance No. 3066. AN ORDINANCE OF TRE CITY i : CIF CAI~LSBAD ADOPTING BY REFERENCE CHAPTE~$ i 3, 6 AND 7 OF DIVISION 2 OF TITLE 6 OF THE SAN i : DIEGG COUNTY CODE 3ELATING TO STMY ANIMAL$, i DOGS AND KJUWELS, AND VACCINATION OF DmS, : Atkinson : i3EPEALING CONFLICTING CRDINANCES, AND PRO- i Guevara I VIDING REMEDIES AND PENALTIES FOi. VIOLATION,: Neiswende: ; was given a first reading by title only and further reading ; Jardine i waived. ; Hughes I : 4 I ENGINEERING: I I I 8 I I . { (a) Report on bids for Agua Hedionda trunk sewer system: : The Council was informed the bids for the main trunk line: I down the Agua Hedionda Lagoon were received and opened: : on May 15, 1964. The City Engineer presented a sum- i i mary of the bids received, and informed the Council the ; : low bidder had made an error in the computation of a unit i * 6 : Mr. Vuayne Lill, Consulting Engineer for the project, and! i himself, it was their recommendation that all of the bids I i be rejected and the Council call for new bids. I 8 : price in the amount of $39,000, After consideration by t I I 4 i After considerable discussion, by motion of the Council I Atkinson : it was agreed that the current schedule of bids be rejecteq Guevara i and that the matter be readvertised and put out for rebid- : EsTeiB=endt I : Jardine I I * $ { Hughes I 1 I i (b) Request for waiver of street improvements for lot ! : split - re: Dindlger. Letter ~a~a"M~yB,-T~~~-from i I Donald I%l"Elly, acTlng as agent for the owner of Parcel ; : 3, D. R. Dinius, requesting that the street improvements! i on Chestnut Avenue required by the Lot Split Ordinance ; : be waived. " .. ". - I I I t e ' ! The City Engineer presented a plat of the area and inform! ; ed the Council the grade had not been established for this ; t portion of Chestnut Avenue, and there were no improve- I i rnents in this area. \ Cmn. Hughes stated this takes in 1/ 3 of the block and felt i : the improvements should not be waived. 1 I t a I * 1 I I 4 : ! Cmn. Jardine stated with the pressure being put on the : ~ ~ ~ "_ "-I- LL - "-" 2 ""_ 4." Ad! +ha! I I 8, \, .\ 8 ' I I . '\ ' ', 1 I I I I 1 I ,\ -, '8 '\ \ I I -3- I '8, y,, ' I '8, '\ .?., I y t I i Name 8, '?e I ; of .&.>! a 4 0 : Member e ;""""""~"""~"""~"""-"""""""""""""""-""-""-"~"---""""--~ I Lot Split Ordinance would certainly aid in the improvemet& : of the city's streets, It was his feeling there should be a i i street improvements. i By motion of the Council the request for waiver of street I Atkinson I I I ; precedent set whereby the Council move forward in all ; I I I 1 I I I I improvements was denied, t Guevara s i Neiswendej ! : Jardine I I I I i Hughes I b 1 I s * 4 I 8 i PP,iZK§ AND 8,ECMEATION: i (a) Appointment to Parks and ktecreation Commission. : : With the consent of the Council Mayor Neiswender appoint; i ed Rubin Martinez to fill the unexpired term of Mr. Jame4 - t Sutherland. I NEW BUSINESS: I I I * I 1 I I I I I f I : (a) Agreement for permit from State Lands Commission I ! i €or construction and maintenance of ocean outfall - Joint i : Sewer Pro'ect. he Council was informed that a request I I was ma e to the itate Lands Commission for permission : I to construct an ocean outfall in regards to the joint sewer i : project. An agreement has been received from the State ; i Lands Commission, and it will be necessary for the : Council to accept the permit and authorize the Mayor to i i sign on behalf of the City of Carlsbad. ___a_J__ I I 1 I I I I i The following resolution was presented: I I I I 1 I a I i Resolution No. 1031. A RESCLUTION OF THE CITY i tC CIL OF THE CITY CF CARLSBAD APPSGVING 8 i GU$JACCEPTING LIFE-OF-STRUCTUH,E PEi3MIT FOR i Atkinson : OCEAN OUTFALL FRUM STATE LANDS COMMISSION : Guevara i (VISTA SANITATION DISTRICT-CITY OF CARLSBAD i Neiswende i JOINT SE'ViEi3 PBOJECT), was adopted by title only and ; Jardine ; further reading waived. : Hughes 1 I i t I I b # b i (b) Acceptance of temporary construction permit - : Robert A. Borden, et ux - re: Joint sewer project. In : i connection with the joint sewer project 'it was necessary I i to obtain a temporary construction permit across private ; ; property. The permit has been obtained and it will be i I necessary for the Council to accept this permit by way of : : adopting a resolution. I ! I ! The following resolution was presented: I I I 8 * 0 i Resolution No. 1032. A IZESCLUTION OF THE CITY i COUNCIL OF THE CITY OF CARLSBAD APPWVING I AND ACCEPTING TEMPOUSY PERMIT FOR USE IN i CONSTRUCTION WITH VISTA SANITATION DISTBICT- : CITY OF CARLSBAD JOINT SEUEEd PZCJECT, was 1 adopted by title only and further reading waived. ! : Guild Theater Players, Mayor Neiswender stated he i would like to express his gratitude to the Guild Theater : Players, as he felt they were doing a tremendous job, ! and called upon the citizenry to support them in their e + i Atkinson i Guevara : Neiswend' I Jardine : Hughes I I 8 I I I I 8 I s I I I efforts. i Chapter 7 of City Code - Cardrooms. Cmn. Hughes ! stated he would like to work with the City Attorney in 1 l a t * I I I t I bringing this Chapter up to date. i The Mayor appointed Cmn. dughes to work with the City i ! Attorney to bring Chapter 7 of the City Code up to date. ; I I I I I I I * t 1 I i : c * 8 I I I 4' I X\ '\ '\, *.\ 'b, I '\ '\ \' \ I \, ', '\ '\ I -4 - '\ '\ ' I , \ '\ I i Name '\,'+? t ! of '4 \ +-? I I Member f I I I I I 0 I """""""""""""""""""""""""""~"""""""""""""""""" * 1 OLD BUSfP$ESS: t I t 1 t I i The following ordinances were presented for a second i i reading: I I ! (a) Ordinance No. 5036. AN ORDINANCE GF THE CITk i OF CAELSBAD ADCPTING BY REFELZENCE COUNTY 1 i OF SAN DIEGO, CALIFCRNIA, ORDINANCES NO. 266g : (NEW SERIES), 2587 (NEW SERIES) 2631 (NEW SEBIES): i 2618 (NEW SERIES), AND SECTIONS 62.607.5 AND : Atkinson : 62.608 OF THE SAN DIEGO COUNTY CODE; REPEAL-! Guevara i ING CONFLICTING ORDINANCES, AND PROVIDING I Neiswende. : REMEDIES AND PENALTIES FOR VIOLATION was ; Jardine i given a second reading by title only and adopted. i Hughes I I I I I I I ! (b) Ordinance No. 6034. AN ORDINANCE CF THE i CITY OF CxfiLSBAG AMENDING SECTION 42 OF i ORDINANCE NO. 6005 OF THE CITY OF CARLSBAD i Atkinson i REGARDING BUSINESS LICENSE FEES FOR HOTELS, : Guevara i APARTMENT HOUSES, BCAj;2DINGHOUSES, RCGMING i Neiswende: i HOUSES, LODGINGHCUSES, ETC, , was given a second ; Jardine ; reading by title only and adopted. : Hughes I (c) Ordinance No. 9166. AN ORDINANCE OF THE i CITY OF CARLSBA D AMENDING OiZDINANCE NO. : Atkinson : 9060 CHANGING CERTAIN DESIGNATED PROPEaTY I Guevara i FROM ZONE R-1 TO ZONE R-1-7.5, 3-1-8, R-1-9 : Neiswende : AND R-1-10 IN THE CITY OF CABLSBAD, was given i Jardine i a second reading by title only and adopted. : Hughes i (dl Ordinance No.- 9167. AN OdDINANCE 6F THE : CITY OF CAXLSBAD AMENDING QRDINANCE NO. i Atkinson I 9060 CHANGING CEWTAIN DESIGNATED PRCBERTY : Guevara : CARLSBAD, was given a second reading by title only and i Jardine : further reading waived. : Hughes t (e) Ordinance No. 9168. AN OiiDINANCE OF THE i Atkinson i CITY GF CARLSBAD AMENDING OaDINANCE NO. : Guevara : 9060, CHANGING CERTAIN DESIGNATED PROPERTY i Neiswende i FRGM ZONE Et-P TO ZONE C-M, was given a second : Jardine : reading by title only and adopted. i Hughes i CITY R'IANAGER'S REPOZT: I 8 I I I I I I I I I I I I I * I : FROM ZONE R-1 TO ZGNE R-1-10 IN T3.E CITY OF i Neiswende I I I I I I I I 1 I I I 1 * i Lease of beach property - Paul Ecke. The lease €or the i i beach property owned by Paul Ecke has been executed and: I it will n& be necessary for the Council to accept the lease. I : ! By motion of the Council the lease between Paul Ecke and! Atkinson : Magdelena Ecke and the City of Carlsbad was accepted i Guevara ; by the Council on behalf of the City of Carlsbad. ; Neiswendc ! ! Jardine I I I ! Hughes l 8 * i Cmn. Jardine stated there was a question of rock being : : removed from tle beach. It was his feeling the city shoula i have access to the beach at all times except when Mr. i i Ecke wishes to remove the rock. t t : The City Manager informed the Council this condition I I had been provided for. i Cmn. Guevara suggested that signs be posted prohibiting i i cars on the beach and possibly a burm constructed. 1 I DOTE: See insert on back of page 6. i Mr. Mamaux informed the Council the Engineering De- i : partment has been working on this project. i Cmn. Jardine inquired as to having life guards this sum- : I 1 $ I I t I I * 0 I 1 I I I t I I I 4 I I 1 .I -.. nir ~ I - I . II 1. . -?2 -1 .--I J?-"l :A ..,A..lii ! c * I I 1 1 I ! 8 I I ,"""""""""~~-.*""-~"". k ." " """ .. * I .. ". - - 5- I .." I .' ' I , \ '\ * \, ', '8 ', '\ '5 ', ; of *,+\ \% ; M?P!J?f i Iiame 'k.'t$ """"""~~~"~~._-"""--""""""". , * i Request for special event on Agua Redimda Lagoon - I Carlsbad Landing, Inc. Letter dated April 28, 1964, fro+ i James H. Johnson of Carlsbad Landing, Inc., requesting : : permission to hold Boat and Ski Races on Saturday, Octo-: ; Monica Douglas Boat & Ski Club, They also requested ; I a special permit. for the Night of October 3, 1984, to allod : approximately 25 self-contained campers from the above-! i mentioned club. i After consideration by the Council, by motion of the : Atkinson i Council permission was granted for the Boat and Ski i Guevara i races on October 3, 1964, and to allow approximately 25 i Neiswander i self-contained campers on the night of October 3, 1964. ; Jardine i Request for support of Public Affairs Research Institute. ! f Letter dated April 16, 1964, stating the Sixteenth Annual 'i i Institute on Government, sponsored by San Diego State : ; College and the several government employee groups in i i this area, will be held Thursday, June 25, 1964, at San : ; Diego State College. The Institute's purpose is to broadea i the civil service employee's understanding of government ; : and help define the public employee's role. Previously i i this city has endorsed and encouraged this program, and I : they requested support of the project again this year. 1 $ I By motion of the Council the Sixteenth Annual Institute on { Atkinson i Government was endorsed, and the City Manager was in- i Guevara I structed to use his discretion in determining the number 08Neiswendel i employees who are to attend this function on June 25, 1964.Jardine I I I 0 [ ber 3, 1964. These races will be sponsored by the Santa ; I & * L I I 1 t ! i Hughes I t I I 9 I 1 i Hughes ! I I 8 : CITY ATTORNEY'S ii2EPQRT: u ! ! t I Harding Street bids. This matter was tried in the Supericir i Court of San Diego last Monday, and the court awarded thd : bid to Sim J. Harris Company. I I I ! I I Tamarack Avenue extension. All of the property owners i i have agreed on the street improvements except one parcel; i This party will not agree to give the city the necessary ; t property for sidewalks. The suggestion from the staff is i : that the city put the street through and not install sidewalks ! in front of this property. This would give sidewalks ap- i i proximately 2/3rds of the distance. However, the curb : ; will continue in a straight line the entire distance. The i i city is now trying to get the consent of the rest of the I property owners as to this design. The staff would Like i i to have %he feeling of the Council as to the suggested [ A plat of the area was presented. After consideration by ! Atkinson : the Council, by motion of the Council the staff was instructGuevara i ed to proceed with the recommendation of the staff for the: Neiswende : construction of Tamarack Avenue. I Jardine I I I 1 I ' design. ! ; t i I 1 : Hughes ? t : Horses - LeBarr Estates. There are three horses being i i kept in LeBarr Estates subdivision area. This has been : i causing a great deal of trouble to the property owners. i : Horses are allowed in an R-1 zone providing there is suf-i i ficient area. The main problem seems to be the person ; : who has the horses does not own the land where the horse? I are being pastured. The property owners are requesting ; : an amendment to the zoning ordinance to prohibit horses i i in this residential area. This matter was brought up at ; : the last Planning Commission meeting and they are con- i i sidering a recommendation to the Council concerning an ; I 0 : amendment to the zoning ordinance. I 1 I I * # S 1 I I b 8 $ 1 * ! I c I . 4 I -\, '\ ', 'b ' I I I -6 - %' ' I \, ',-'\, '* I I .x, '. '\ I I I i Name '\,'?$$ I I ; of '$2 I .. . ',4 I Mmmhar .c . ,-rF:,IUTI ;""""~"""""--""""""~"~""""""~-""""""--""-----"-~"--""------ I -" t I i This parcel of land where the horses are being kept-is ! : owned by the subdivider, and the subdivider bas gone into): i bankruptcy. I I I L i MBS. CUMMINGS, 1769 Yourell Avenue, stated they are i ; objecting to the flies and odor. The owner of the horses ; i has been notified by the owner of the property to remove i ! the horses, however, he has not removed them. If these : i horses are removed they would like to be assured that I 'I they will not be allowed to put the horses on the awnerfs ! : property. I i Cmn. Hughes inquired of the City Attorney if the horses i 1 could be impounded. I : I MR. STONER, stated he lived on Yourell Avenue, and he i : has been informed by the Police Department there was no i i way the horses could be impounded; however, if his dog ; : runs on any other yard they can impound his dog. I ! The City Attorney stated this is a civil problem and the I i Police Department normally does not enter into such ; matters. Their function is to enforce the laws. ! MAS. CUMMINGS stated she had contacted Mr. Rafferty,: i owner of the property, and he stated he had informed his i ; agent to have the owners remove their horses within one ; i week. i Cmn. Guevara stated Mr. EZafferty is not the legal owner : : of the property, Mr. Butters is the owner. I t f After further discussion, Mayor Neiswender requested I i Cmn. Guevara to work with these property owners to see I : if this problem can be solved. I 6 i Carroll Kelly (Hall Wells) agreement. An agreement has! : been reached between Mr. Kelly and the City and an agree- ! ment was drafted and has been accepted by Mr. Kelly. ! i The City Attorney recommended that the Mayor be author4 i ized to execute the agreement. * I i By motion of the Council the agreement between Carroll I AtkinSon i Kelly and the City of Carlsbad, concerning the Hall Til ells i Guevara ; was accepted and the Mayor authorized to execute the I Neiswend( : same. t Jardine i PAYMENT OF BILLS AND RATIFICATION OF PAYE%CL&: 1 Authorization was given for the payment of the bills for { Atkinson i the General Expenses of the City in the amount of : Guevara : $23,159.12 and for the Water Department in the amount i Neiswend i of $9, 741.58, for the period.May 5, 1964 to May 19, 19643 Jardine i as certified by the Director of Finance and approved by ; Hughes i the Auditing Committee. i Ratification of the payroll was given for the first half of i Atkinson : May, 1964, in the amount of $16,807.23, as certified by ; Guevara i the Director of Finance and approved by the Auditing Comb Neiswend i mittee. ; Jardine 0 I I t I * I I I I I I I I I 1 I 8 I I I I : I t i t t I 1 I 1 I I I I I t t I I I I i iiughes I 4 4 I 4 I 6 I * I I 1 I I I : Bughes I I 8 I k I I 1 ADJOURNMENT: 0 1 $ * i By proper motion the meeting was adjourned at 8: 30 P. M.: * 8 I I : Respectfully submitted, : I * I I t & I I * * I I I I I I I k